Packet 10-04-10 to City Council MEMORANDUM
TO: Carmel City Council
FROM: Adrienne Keeling
Department of Co unity Services
SUBJECT: CC- 10- 04 -10 -01
DATE: September 24, 2010
The following item will appear on your October 4 agenda.
Forwarded with a favorable recommendation:
CC- 10- 04 -10 -01 (Plan Commission Resolution PC- 08- 17 -10):
2011 Parks Recreation Impact Fee Scheduled Increase
Resolution to implement increase in Parks and Recreation impact fee and ratify the
scheduled fee increase for June 2011.
As you will recall, Z- 534 -09: Parks Recreation Impact Fee Ordinance, was adopted last year
with a five -year schedule of impact fees to be assessed for NEW residential dwellings. The
Council also requested review each year prior to the scheduled increase. Please see the attached
resolution which recommends the Common Council ratify and approve the scheduled increase
for months 13 -24 (June 15, 2011 June 14, 2012) as adopted in Zoning Ordinance Section
29.07.04(a). See the excerpt below:
29.07.04(a) $1,261, during months 1 -12 of the effectiveness of this PRIF Ordinance;
and increase in the following manner provided the Common Council shall
approve each subsequent increase prior to implementation, $1,387, during months
13 -24 of the effectiveness of this PRIF Ordinance; $1,526, during months 25 -36
of the effectiveness of this PRIF Ordinance; $1,679, during months 37 -48 of the
effectiveness of this PRIF Ordinance; or $1,847, after month 48;
The scheduled increase received favorable recommendations from both the Plan Commission
and the Impact Fee Advisory Committee.
The information on this item has been arranged in the following format:
1. Copy of PC Certification
2. Resolution CC- 10- 04 -10 -01
3. Copy of Z- 534 -09
4. Excerpt from the Zone Improvement Plan from which fees are derived
2010 -0924; CC- 10- 04- 10 -0I; Council Report.docx
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S
RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO AMEND
THE CARMEL CLAY COMPREHENSIVE PLAN
PURSUANT TO INDIANA CODE 36 -7 -4 -508
RESOLUTION CC- 10- 04 -10 =01
2011 Scheduled PRIF Increase
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Advisory Plan Commission offers you the following report on the Plan Commission
Resolution (PC- 08- 17 -10) recommending that the Common Council ratify and approve the
2011 scheduled increase in the Carmel Parks and Recreation Impact Fee.
The Carmel Advisory Plan Commission's recommendation 011 the petition is FAVORABLE.
At its regular meeting on September 21, 2010, the Commission voted nine (9) in Favor, zero (0)
Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Resolution CC-
10-04-10-01 with a Favorable Recommendation.
CARML PLAN CO MISSION
1 L o Dierckman, President
mona Hancock, Secretary
armel Advisory Plan Commission
Dated: September 23, 2010
2010 -0923; PC 08- 17 -10; PRIF Increase Resolution 2011 PC Certification.doc
h> i :01 V hZ d3S OIOZ
1 Sponsor: Councilor Rider
2
3
4
5 RESOLUTION CC- 10- 04 -10 -01
6
7 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
8 CARMEL, INDIANA, TO RATIFY AND APPROVE THE 2011 SCHEDULED INCREASE
9 IN THE CARMEL PARKS AND RECREATION IMPACT FEE
10
11 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36-
12 7 -4), each unit of local government that wishes to adopt land use and zoning ordinances must first
13 approve by resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
14
15 WHEREAS, the Carmel Comprehensive Plan (the "C3 Plan was approved and recommended
16 by the Carmel Plan Commission on November 18, 2008, duly approved by resolution (as amended) of
17 the Common Council of the City of Carmel on May 4, 2009, with those C3 Plan amendments approved
18 by the Carmel Plan Commission on May 19, 2009, with May 20, 2009 becoming the effective date of
19 the C3 Plan, and therefore it is the official Comprehensive Plan of the City of Carmel, Indiana and Clay
20 Township, Indiana; and
21
22 WHEREAS, the Mayor of the City of Carmel appointed the Impact Fee Advisory Committee to
23 serve in an advisory capacity to assist and advise the City with regard to the adoption of an impact fee
24 ordinance under Indiana Code Section 36 -7 -4 -1311; and
25
26 WHEREAS, the Impact Fee Advisory Committee met and advised the Carmel Plan Commission
27 to recommend to the Common Council a revised and updated Zone Improvement Plan and Park Impact
28 Fee (PRIF) Ordinance resulting in an amendment to the C3 Plan; and
29
30 WHEREAS, the Carmel Plan Commission duly approved, and recommended to the Common
31 Council, an amendment to the C3 Plan regarding a revised and updated Zone Improvement Plan on
32 which the PRIF Ordinance is based; and
33
34 WHEREAS, the Common Council of the City of Carmel, Indiana, pursuant to IC 36 -7 -4 -509, by
35 Resolution duly approved the revised and updated Zone Improvement Plan; and
36
37 WHEREAS, the Common Council of the City of Carmel, Indiana, pursuant to IC 36 -7 -4 -607,
38 duly adopted Ordinance No. Z- 534 -09, the current PRIF Ordinance, which is codified as Section 29.07
39 of the Carmel Zoning Ordinance; and
40
41 WHEREAS, Section 29.07.04(a) of the Zoning Ordinance provides that the amount of the impact
42 fee (times the number of equivalent dwelling units to be constructed) shall be increased during months
43 13 -24 of the effectiveness of the PRIF Ordinance from $1,261 to $1,387, provided the Common Council
44 shall approve the increase prior to implementation; and
45
46 WHEREAS, pursuant to Section 29.07.14 of the Zoning Ordinance, such increase is scheduled to
47 be implemented on June 15, 2011, which begins month 13 of the effectiveness of the PRIF Ordinance;
48
49 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel,
50 Indiana, that:
51
Resolution CC- 10- 04 -10 -01
1
1 Section One: The Common Council of the City of Carmel, Indiana hereby ratifies and approves
2 the scheduled increase in the amount of the Parks and Recreation Impact Fee from
3 $1,261, times the number of equivalent dwelling units, to $1,387, times the
4 number of equivalent dwelling units, during months 13 -24 of the effectiveness of
5 the PRIF Ordinance (June 15, 2011— June 14, 2012).
6
7 Section Two: After its adoption, this Resolution shall be filed in the office of the Clerk
8 Treasurer of the City of Carmel, who shall also forward one (1) copy of this
9 Resolution to the secretary of the Carmel Advisory Plan Commission and one (1)
10 copy to the office of the Hamilton County Recorder, all in accordance with IC 36-
11 7 -4 -509 and other applicable laws.
12
13 Section Three: This Resolution shall be in full force and effect from the date of passage, and its
14 publication, as provided by law.
15
16
17
18 PASSED by the Common Council of the City of Carmel, Indiana this day of
19 2010, by a vote of ayes and nays.
20
21
Resolution CC- 10- 04 -10 -01
2
1 COMMON COUNCIL FOR THE CITY OF CARMEL
2
3
4
5 Presiding Officer Joseph C. Griffiths
6
7
8
9 Richard L. Sharp, President Pro Tempore Kevin Rider
10
11
12
13 John V. Accetturo W. Eric Seidensticker
14
15
16
17 Ronald E. Carter Luci Snyder
18
19
20 ATTEST:
21
22
23
24 Diana L. Cordray, IAMC, Clerk- Treasurer
25
26
27 Presented by me to the Mayor of the City of Carmel, Indiana this day of
28 2010, at _.M.
29
30
31
32 Diana L. Cordray, IAMC, Clerk Treasurer
33
34
35 Approved by me, Mayor of the City of Carmel, Indiana, this day of
36 2010, at _.M.
37
38
39
40 James Brainard, Mayor
41
42 ATTEST:
43
44
45
46 Diana L. Cordray, IAMC, Clerk Treasurer
47
48
49
50 Prepared by Adrienne Keeling, Planning Administrator
51 City of Carmel, Department of Community Services
52 09/24/2010
Resolution CC- 10- 04 -10 -01
3
RESOLUTION NO. PC 08 -17 -10
A RESOLUTION OF THE CARMEL PLAN COMMISSION RECOMMENDING
THAT THE COMMON COUNCIL OF THE CITY OF CARMEL
RATIFY AND APPROVE THE SCHEDULED INCREASE
IN THE CARMEL PARKS AND RECREATION IMPACT FEE
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC
36 -7 -4), each unit of local government that wishes to adopt land use and zoning ordinances must first
approve by resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
WHEREAS, the Carmel Comprehensive Plan (the "C3 Plan was approved and recommended
by the Carmel Plan Commission on November 18, 2008, duly approved by resolution (as amended) of
the Common Council of the City of Carmel on May 4, 2009, with those C3 Plan amendments approved
by the Carmel Plan Commission on May 19, 2009, with May 20, 2009 becoming the effective date of
the C3 Plan, and therefore it is the official Comprehensive Plan of the City of Carmel, Indiana and Clay
Township, Indiana; and
WHEREAS, the Mayor of the City of Carmel appointed the Impact Fee Advisory Committee to
serve in an advisory capacity to assist and advise the City with regard to the adoption of an impact fee
ordinance under Indiana Code Section 36 -7 -4 -1311; and
WHEREAS, the Impact Fee Advisory Committee met and advised the Carmel Plan
Commission to recommend to the Common Council a revised and updated Zone Improvement Plan and
Park Impact Fee (PRIF) Ordinance resulting in an amendment to the C3 Plan; and
WHEREAS, the Carmel Plan Commission duly approved, and recommended to the Common
Council, an amendment to the C3 Plan regarding a revised and updated Zone Improvement Plan on
which the PRIF Ordinance is based; and
WHEREAS, the Common Council of the City of Carmel, Indiana, pursuant to IC 36 -7 -4 -509,
by Resolution duly approved the revised and updated Zone Improvement Plan; and
WHEREAS, the Common Council of the City of Carmel, Indiana, pursuant to IC 36 -7 -4 -607,
duly adopted Ordinance No. Z- 534 -09, the current PRIF Ordinance, which is codified as Section 29.07
of the Carmel Zoning Ordinance; and
WHEREAS, Section 29.07.04(a) of the Zoning Ordinance provides that the amount of the
impact fee (times the number of equivalent dwelling units to be constructed) shall be increased during
months 13 -24 of the effectiveness of the PRIF Ordinance from $1,261 to $1,387, provided the
Common Council shall approve the increase prior to implementation; and
WHEREAS, pursuant to Section 29.07.14 of the Zoning Ordinance, such increase is scheduled
to be implemented on June 15, 2011, which begins month 13 of the effectiveness of the PRIF
Ordinance;
NOW, THEREFORE, BE IT RESOLVED BY THE CARMEL PLAN COMMISSION,
THAT:
1. The Plan Commission hereby recommends to the Common Council of the City of
Carmel, Indiana that the Council should ratify and approve the scheduled increase in the amount of the
Parks and Recreation Impact Fee from $1,261, times the number of equivalent dwelling units, to
$1,387, times the number of equivalent dwelling units, during months 13 -24 of the effectiveness of the
PRIF Ordinance (June 15, 2011 June 14, 2012).
2. The Secretary is hereby directed to send a copy of this Resolution with the minutes of
this meeting to the Clerk Treasurer of the City of Carmel for distribution to the Common Council of the
City of Carmel.
SO RESOLVED BY THE CARMEL PLAN COMMISSION this 21 day of September, 2010.
CARMEL PLAN COMMISSION
President
ATTEST:
ecretary
Sponsor: Councilor Rider
Ordinance No. Z- 534 -09
As Amended
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
RESTATING AND AMENDING AN ORDINANCE TO ESTABLISH AN IMPACT FEE FOR
THE PURPOSE OF PLANNING AND FINANCING PARK AND RECREATIONAL
INFRASTRUCTURE NEEDED TO SERVE NEW RESIDENTIAL DEVELOPMENT
WHEREAS, the Common Council of the City of Carmel finds that it is reasonable and necessary to
protect the public health, safety, comfort, morals, convenience and general welfare of the citizens of the
City of Carmel and Clay Township by providing for an equitable program to finance the planning,
acquisition and construction of park and recreational infrastructure necessary to serve newly developing
areas of the City and Township;
WHEREAS, the Common Council further finds that it is reasonable and necessary to promote and
accommodate the orderly growth and development of the City and Township by establishing standards by
which the City may require that new development shall pay an impact fee representing such
development's proportionate share of the cost of planning and financing the park and recreational
infrastructure necessary to serve the new development; and
WHEREAS, the Common Council finds that new development should not be required to pay a fee for
the planning and financing of such park and recreational infrastructure which is greater than the amount
that existing development will pay to provide the infrastructure that is needed to serve the existing
development; and
WHEREAS, in cooperation with the Carmel /Clay Board of Parks and Recreation Board this Council
requested that the Director of the Department of Community Services review the appropriateness of the
Impact Fee, the Impact Fee Zone and the Zone Improvement Plan and if deemed necessary, prepare a
proposed replacement impact fee ordinance; and
WHEREAS, the Director of the Department of Community Services has caused such a review; and
WHEREAS, in consultation with the Engineer of the City of Cannel, the Plan Commission has
prepared an amended Zone Improvement Plan for the City and Township which provides for the planning
and financing of the additional park and recreational infrastructure necessary to serve new development
in the City and Township; and
WHEREAS, such Zone Improvement Plan was duly approved by the Plan Commission on October
20, 2009, and recommended to the Common Council along with this Ordinance;
PART 1.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
that, pursuant to IC 36-7-4-1311, it adopts this Amended and Restated Impact Fee Ordinance as an
amendment to the Cannel Zoning Ordinance Z -289, as amended (the "Zoning Ordinance"), and replaces
the language in Section 29.7, entitled Parks and Recreation Impact Fees, to the Zoning Ordinance with
the following language and from the date hereof, Section 29.7 shall read as follows:
Ordinance Z- 534 -09 (Version B, 12 -7 -09) 1
29.7 PARKS AND RECREATION IMPACT FEES: Adopted with amendments by the Common
Council on December 7, 2009, w ith such amendments approved by the Plan Commission on .December
15, 2009, and effective on and after June 15, 2010, as set forth in Section 29.7.14.
29.7.0Title
This ordinance shall be referred to and known as the Parks and Recreation Impact Fee Ordinance (the
"PRIF Ordinance for Carmel/Clay Township, Hamilton County, Indiana:
29.7.1. Definitions
Terms used in this Ordinance are defined in Chapter 3: Definitions.
29.7.2 Establishment of Impact Zone.
There is hereby established one Parks and Recreation Infrastructure Impact Zone, the borders of which
are coterminous with the boundaries of Clay Township, Hamilton County, Indiana, and, over which the
City of Cannel exercises planning and zoning jurisdiction pursuant to IC 36 -7 -4 -205. In this regard, the
Council specifically finds that there is a functional relationship between the components of the Park and
Recreation Master Plan and the Zone Improvement Plan, as each is amended from time to time, and that
such plans will provide a reasonably uniform benefit to all of the citizens throughout the Impact Zone.
The Council further finds that all areas within the .impact Zone are contiguous as required in IC 36-7-4
1316. Except as provided below, this PRiF Ordinance shall apply uniformly to all developments within
the Impact Zone hereby established for which the City of Cannel and Clay Township may require an
improvement location permit and which create a need for new and additional Parks and Recreation
Infrastructure. This PRIF Ordinance shall not apply to:
(1) improvements which do not require an improvement location permit;
(2) improvements which do not create a need for new and additional Parks and Recreation
Infrastructure, including the erection of a sign, construction of accessory buildings, structures or
fences or the alteration, renovation or expansion of an improvement where the use, or intensity
thereof, has not changed; or
(3) the replacement of a destroyed or partially destroyed improvement provided that the replacement
improvement does not create a need for new and additional Parks and Recreation Infrastructure
over and above the infrastructure needed by the original improvement prior to the destruction or
partial destruction thereof.
29.7.32010-2015 Zone Improvement Plan.
The Council hereby finds that, prior to the adoption of this PRiF Ordinance, the Commission undertook a
comprehensive and detailed park and recreational impact analysis and consulted with the City Civil
Engineer (appointed under IC 36- 4 -9 -8), and the resulting study and data base were used in the
preparation of the 2010 -2015 Zone Improvement Plan as required by IC 36- 7- 4- 1318(d). The Council
has heretofore adopted the 2010 -2015 Zone Improvement Plan and finds in this regard that the 2010-
2015 Zone Improvement Plan does contain the following elements:
(a) Reasonable estimates relating to the nature and location of development that is expected within
the Impact Zone during the planning period, which, for the purposes of this PRiF Ordinance is
defined to be a period of ten (10) years commencing with the date of adoption hereof.
(b) A reasonable determination of the community level of service for the Impact Zone.
(c) A reasonable detennination of the current level of service provided within the Impact Zone.
Ordinance Z- 534 -09 (Version B, 12 -7 -09) 2
(d) A reasonable estimate of the nature, location, sequencing, and timing of the park and recreational
improvements and costs necessary to provide the community level of service for the
developments contemplated in subparagraph (a) hereof.
(e) A reasonable estimate of the share of the park and recreational costs identified in subparagraph
(d) hereof that will be used to:
(1) Raise the current level of service for existing development or provide service to existing
development; or
(2) Provide service to new development.
(f) A reasonable estimate of revenues that:
(1) Are from sources other than impact fees; and,
(2) Will be used to finance the costs identified in subparagraph (e) (i) above.
(g) A description of the nature and location of existing infrastructure in the hnpact Zone.
(h) A general description of the sources and amounts of money used to pay for infrastructure during
the previous five years.
In addition, the Council has specifically adopted the 2010 -2015 Zone Improvement Plan as an official
part of the Carmel Comprehensive Plan pursuant to IC 36 -7 -4 -500 et seq.
29.7.4 Establishment of Impact Fee.
Based upon the Park and Recreation Master Plan and 2010 -2015 Zone Improvement Plan previously
referred to and which is made a part of this PR1F Ordinance, the Council determines that the impact
costs, minus the sum of nonlocal revenues and impact deductions (as defined in iC 36- 7- 4- 1321), do not
exceed the amount of $1,847.00 per equivalent dwelling unit, and that, therefore, the impact fee to be
imposed on every development subject to this PRIF Ordinance shall equal the product of:
(a)$1,261, during months 1 12 of the effectiveness of this PRIF Ordinance; and increase in the
following manner provided the Common Council shall approve each subsequent increase prior to
implementation, $1,387, during months 13 -24 of the effectiveness of this PRIF Ordinance; $1,526,
during months 25 -36 of the effectiveness of this PRIF Ordinance; $1,679, during months 37 -48 of the
effectiveness of this PR1F Ordinance; or $1,847, after month 48; times
(b) the number of equivalent dwelling units to be constructed pursuant to the improvement location
permit obtained by the fee payer.
The Council does hereby make as a part of the record of these proceedings, all of the data collected, the
calculations made, and the conclusions reached by the Commission in the process of developing the
2010 -2015 Zone Improvement Plan, and specifically instructs the Director to make such data and other
information inclusively available to anyone for review during regular business hours. In the event that
any parcel of real estate considered in the creation of the 2010 -2015 Zone Improvement Plan undergoes a
change in use, redevelopment, or a modification which requires an improvement location permit, and
creates a need for new infrastructure, an impact fee will be assessed only for the increase in the burden
on infrastructure.
29.7.5 Credit in Lieu of Payment; Exemptions.
Pursuant to IC 36 -7 -4 -1335, any person obligated to pay a fee pursuant to the terms of this PRIF
Ordinance may be granted the option of financing, constructing and dedicating Parks and Recreation
Infrastructure instead of making all or part of any impact fee payment which may be due, so long as such
financing, construction and dedication are accomplished pursuant to the 2010 -2015 Zone Improvement
Ordinance Z- 534 -09 (Version B, 12 -7 -09) 3
Plan and with the consent and acceptance of the Parks Board. Such fee payer, or other person providing
the infrastructure or improvement, shall be allowed a credit in an amount equal to the sum of (A) the
actual cost of constructing or providing the infrastructure or improvements, plus (B) the fair market value
of the land, real property interests, and site improvements provided. The amount of the credit shall be
determined by agreement (the "Credit Agreement between the person constructing or providing the
infrastructure or improvement and the Parks Board. A fee payer shall make a request for credit prior to
the issuance of the improvement location permit. In the event the credit is less than the amount of the
impact fee due pursuant to Section 29.7.4 above, the remaining balance shall be due in accordance with
the provisions stated hereafter. Credits against itnpact fees otherwise due shall be allowed pursuant to
this section for all infrastructure and improvements constructed or furnished in accordance with IC 36 -7-
4 -1313 and IC 36 -7-4 -1335 since January 1, 1989. In addition, a fee payer or other person responsible
for installing infrastructure or improvements may designate in writing a method of allocating its credits
to future fee payers who may be successors in interest to the credits earned by the fee payer or others, as
part of the Credit Agreement provided for above. Any person otherwise obligated to pay the fee
established by this PRiF Ordinance whose property was totally or partially destroyed by fire, storm or
other casualty beyond his or her control, shall be exempt from said fee if such person repairs or replaces
the destroyed structure without creating a burden on Parks and Recreation Infrastructure greater than the
burden imposed by the destroyed structure. In the event of such additional burden, the fee shall be
calculated based only on the increased burden created by the structure.
29.7.61mpact Fee Due Upon issuance of Improvement .Location Permit.
The impact fee imposed pursuant to the terns of this PRIF Ordinance shall be due and payable upon the
issuance of an improvement location permit. The entire fee which is calculated pursuant to the terns of
this PRLF Ordinance shall be due at said time unless the amount of the fee upon calculation is greater
than Five Thousand Dollars ($5,000), in which case an installment plan may be requested by the
applicant in accordance with the terms set forth in IC 36 -7 -4 -1324 (a), (b), (c), and (d). The Review
Board shall establish specific rules consistent with said code provisions for installment payments. The
interest rate on any installment plan or deferred payment shall be the pre judgment rate of interest set
forth in the Indiana Code as from time to time amended. if a fee payer requests, the amount of the impact
fee shall be assessed upon the voluntary submission of a development plan or upon the issuance of the
irprovement location permit, whichever is earlier. For purposes of this section, "assessment" means the
act of calculating the amount of the impact fee which shall be due. The Director shall make such
assessment within thirty (30) days of the date of such voluntary request or at the issuance of the
improvement location perrnit with or without a request.
29.7.7 Lien Rights Established.
Pursuant to EC 36 -7-4 -1325, the City of Cannel acquires a lien against the real estate which is the subject
of the impact fee. Upon adoption, this PRIF Ordinance shall be recorded, and, thereafter, it shall
constitute constructive notice of the lien rights of the City. The City may, in its discretion, file a specific
instrument setting forth its lien rights with respect to a parcel of real estate which is the subject of an
installment payment plan for an impact fee, and such instrument shall constitute actual notice in addition
to the constructive actual notice in addition to the constructive notice provided for by the recording of
this PRIF Ordinance.
29.7.8Forn of Receipt.
The Director shall issue a receipt for any and all impact fees collected, and the form of such receipt shall
be as follows:
Ordinance Z- 534 -09 (Version B, 12 -7 -09) 4
Received of [fee payer], this [date] day of [month, year], the sum of [amount] in [full /partial]
satisfaction of impact fees due pursuant to Ordinance No. Z- 534 -09 As Amended, relating to
improvements to be constructed on the real estate described on Exhibit A, attached hereto,
made part hereof, and subject to lien rights in favor of the City of Carmel in the event of partial
payment with payments remaining due. The remaining balance due (if any) is in the following
amount: This impact fee is dedicated to the creation of the following
infrastructure elements in accordance with the 2010 -2015 Zone Improvement Plan:
DEPARTMENT OF COMMUNITY SERVICES
City of Carmel
29.7.9 Establishment of Review Board; Hearin of Appeals.
There is hereby established the Cannel Clay impact Fee Review Board. The Review Board shall consist
of three (3) citizen members (who may be residents of the City of Cannel and /or Clay Township),
appointed by the Mayor of the City of Carmel to serve for terms of four (4) years; however, for the
purpose of providing for staggered terms of office, the initial members of the Review Board shall be
appointed for respective terms of two (2) years, three (3) years, and four (4) years. The members of the
Review Board may not be members of the Commission and must meet the qualifications prescribed by IC
36- 7- 4- 1338(b), that is, one (1) licensed real estate broker, one licensed (1) engineer, and one (1)
certified public accountant. Whenever a member of the Review Board is unable to participate in any
matter before the board because of a conflict of interest, the Mayor shall appoint a temporary
replacement member, meeting the qualifications of the member being replaced, to serve on the board for
the purpose of hearing that matter only. The Review Board shall be governed by IC 36- 7 -4- 1338(c) and
all other applicable provisions of the Impact Fee Statute. Any fee payer who believes itself to be
aggrieved by the calculation of an impact fee may appeal from such calculation to the Review Board and
the Review Board shall conduct a hearing with regard thereto. At such hearing, the fee payer shall bear
the burden of going forward with the evidence and shall present evidence addressing either of the
following propositions:
(a) A fact assumption used in determining the amount of the impact fee is incorrect; or
(b) The amount of the impact fee is greater than the amount allowed under 1C 36 -7 -4 -1320, IC 36 -7-
4 -1321, and iC 36 -7 -4 -1322.
Upon conclusion of the presentation of evidence, the Review Board shall make a determination within
thirty (30) days, upon the facts presented and may make such adjustments in the impact fee as it deems
are appropriate under the circumstances, if any. An appeal under this Section 29.7.9 must be filed not
later than thirty (30) days after the issuance of the improvement location permit. The appeal shall be
initiated with the filing of a Petition for Review with the Director, together with a filing fee in the amount
of One Hundred Dollars ($100). The filing fee shall be refunded in full:
(1) if the Petition of Review is granted and the impact fee is eliminated, reduced or adjusted by the
Review Board, by independent action of the Director, or by a court having jurisdiction, and
(2) if the reviewing body determines that the amount of the fee, reductions, or credits were arbitrary
or capricious.
The Petition for Review shall be in a form calculated to inform the Review Board of the nature of the
complaint, the parties to the action, and the relief requested. In addition, the petition shall describe the
new development on which the impact fee has been assessed, all facts related to the assessment of the
Ordinance Z- 534 -09 (Version B, 12 -7 -09) 5
impact fee, and the reasons the petitioner believes that the amount of the impact fee assessed is erroneous
or is greater than the amount allowed by the fee limitations set forth in the Impact. Fee Statute. The
Director shall not deny the issuance of improvement location permit on the basis that the impact fee has
not been paid, or condition issuance of the permit on the payment of the impact fee. However, unless the
impact fee exceeds One Thousand Dollars ($1,000), the fee payer shall pay the impact fee or initiate an
appeal under this section before being issued the permit.
29.7.10 Establishment of Impact. Fee Fund.
There is hereby established an Impact Fee Fund within the City of Carmel to receive any and all sums
collected pursuant to this PRIF Ordinance and any other Impact Fee Ordinance that may hereafter be
adopted, to be utilized in connection with the purposes set forth in Section 29.7.11 below. A special
account shall be established in the fund for Parks and Recreation Infrastructure which shall be kept
separate from any other account that may hereafter be established in the fund for other infrastructure
types. In the event, and only in the event, that an additional Impact Zone for Parks and Recreation
infrastructure is created hereafter, a separate account shall be maintained for each separate Impact Zone
established within the City of Cannel and Clay Township. [nterest earned on any such account shall be
deposited and maintained within the separate account. The Fiscal Officer shall manage the Impact Fee
Fund according to the provisions of the Impact Fee Statute and maintain records of the status of any such
account. Pursuant to IC 36 -7 -4 -1329, the Fiscal Officer shall make an annual report to the Commission
and the Parks Board of said accounts which shall be available to the public in general and fee payers,
upon request, in particular. The right to any refund of an impact fee shall be determined strictly in
accordance with IC 36 -7 -4 -1332, and the Fiscal Officer is designated, pursuant to IC 36- 7- 4- 1332(e), as
the official responsible for acting upon any refund applications that may be filed by fee payers. In order
to facilitate the payment of any refunds when they may be due, the Fiscal Officer is directed to identify
the purpose of any impact fee paid in order that a refund, if any, may be paid from the account into which
the fee was originally deposited.
293.11 Use of Impact Fees Collected.
Any and all fees collected pursuant to the provisions of this :PRIF Ordinance may be utilized only for the
following purposes:
(a) Providing funds to be utilized by the Parks Board for the purpose of paying the capital costs of
Parks and Recreation Infrastructure that is necessary to serve the new development within the
City of Carmel and Clay Township and that is identified in the 2010 -2015 Zone Improvement
Plan;
(b) An amount not to exceed Five Percent (5 of the annual collections of the fees, to be utilized by
the Parks Board for expenses incurred by the Parks Board and/or the City for the consulting
services that are used with regard to the establishment and maintenance of this impact: fee
program;
(c) To pay any refund that may be due under IC 36 -7 -4 -1332;
(d) To pay the debt service cost on an obligation issued to provide Parks and Recreation
Infrastructure described in subparagraph (a) above, in accordance with IC 36- 10 -3 -27 or other
applicable law.
29.7.12 Conflicts with Impact Fee Statute.
The Council specifically acknowledges the existence of the Impact Fee Statute, which regulates the
adoption of impact fee ordinances by municipal corporations within the State of Indiana. It is the intent
of the Council to comply with such legislation, and this PRIF Ordinance shall be construed in all respects
Ordinance Z- 534 -09 (Version B, 12 09) 6
to be consistent with the Impact Fee Statute. The substantive and procedural requirements of the Impact
Fee Statute shall control in the event of conflicts, which are unintended by the Council.
29.7.13 Amendments and Review.
The impact fee provided for herein is based upon information that, in large part, is subject to inflation
and other economic and market forces over which the Council has no control. The Council may,
therefore, from time to time, cause a review to be made by the Director, or such consultants as may be
required, to determine the continuing validity of the Impact Fee, the .Impact Zone, and the 2010 -2015
Zone Improvement Plan. The Council may consider and adopt such amendments as are necessary to
cause a substantive compliance with all constitutional and statutory requirements. To the extent required
by the facts and circumstances, this process shall include the steps necessary to update the 2010 -2015
Zone improvement Plan and the Comprehensive Plan.
29.7.14 Effective Date and Expiration Date.
Pursuant to IC 36 -7 -4 -1340, this PRIF Ordinance shall be effective June I5, 2010, which is not earlier
than six (6) months following its adoption in accordance with the impact Fee Statute, replacing the PRIF
Ordinance adopted on March 7, 2005, and wholly contained in Section 29.7 of the Carmel City Code.
This PRIF Ordinance shall expire five (5) years following such effective date, and no impact fee may be
collected under this PRIF Ordinance after such expiration date. However, the Council may adopt a
replacement impact fee ordinance to take effect before, on or after such expiration date if the replacement
ordinance complies with the provisions of the Impact Fee Statute.
PART 11.
BE IT FURTHER ORDAINED by the Common Council of the City of Carmel, Indiana, that,
pursuant to IC 36-7-4-1311,11 hereby replaces the definitions of the terms "IN.FRASTRUCTURE,
PARKS AND R.ECREATION" and "PLAN, ZONE IMPROVEMENT" in Section 3.07 of the Zoning
Ordinance with the following definitions and from the date hereof, these definitions shall read as follows:
INFRASTRUCTURE, PARKS AND RECREATION. The capital improvements that comprise the
parks and other recreational facilities that (i) are owned or leased by the Parks Board and /or the
City of Carmel solely for a public purpose, and (ii) are included in the Zone Improvement Plan.
Parks and Recreation Infrastructure includes the site improvements and interests in real property
needed for such parks and other recreational facilities.
PLAN, ZONE IMPROVEMENT PLAN. The zone improvement plan for Parks and Recreation
Infrastructure which was prepared by the Commission in conjunction with the Comprehensive
Plan of the City of Carmel and Clay Township and approved by the Commission on October 20,
2009 (the "2010 -2015 Zone Improvement Plan The 2010 -2015 Zone Improvement Plan shall
be attached to the Comprehensive Plan and also incorporated into Section 29.7 of this Ordinance.
PASSED by the Common Council of the City of Carmel, Indiana this rl day of aDC99
by a vote of 7 ayes and 0 nays.
Ordinance Z- 534 -09 (Version B, 12 -7 -09) 7
COMMON COUNCIL FOR THE CITY OF IF
I rte
Presiding Offi -r /Se G 1 Qriffiit
J f.
1 All/ ..,,o
W. Eric Se .en 7i r, 'r den�n.ore Kevin RidL
I
Joh 9 ccetturo Richa :o S Tarp pp
%ter r� �i-_,.
onald E. Carter Lu nyder if
ATTES
c: ea_4A._)(1,.. 10-
Diana L. Cordray, IAMC, Clerk-Treasup
me to the Mayor of the it of Carmel, Indiana this y d
Presented by of
Y Y Y day (334- v, at
7:a Q.M. 4 l
Diana L. Cordray, IAMC, Clerk -T asurer
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Approved by me, Mayor of the City of Cannel, Indiana, this y r day of Jasyli at
U.M.
Rd---
J les Brainard, Mayor
ATTEST:
4
Diana L. Cordray, IAMC, Clerk- 'r-asurer
Prepared by: John R. Molitor, Attorney at Law
Representing the Department of Community Services
CITY OF CARMEL
One Civic Square
Cannel, IN 46032
Ordinance Z- 534 -09 (Version B, 12 -7 -09) 8
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CARME.L /CLAY PARKS DEPARTMENT
TO AMEND THE CARMEL /CLAY ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36 -7 -4 -605
ORDINANCE Z- 534 -09
An Ordinance to Amend Chapter 29.07: Parks and Recreation Impact Fees and Chapter 3: Definitions in
order to update existing impact fee provisions, as well as the definitions of two pertinent terns.
To: The Honorable Common Council
Of the City of Cannel
Hamilton County, 'Indiana
Dear .Members:
The Carmel. Advisory Plan Commission offers you the following report on the application of the Department of
Community Services (Docket No. 09090012 OA) to the Commission to Amend Chapter 29.07: .Parks and
Recreation impact Fees and Chapter 3: Definitions.
The Carmel Plan Commission's recommendation on the petition of the Department of Community Services is
Favorable.
At its regularly scheduled meeting on October 20, 2009, the Carmel Plan Commission voted eight (8) in Favor,
zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council, the proposed Ordinance Z- 534 -09
with a Favorable recommendation.
Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to lC 36-7-4
607(e)(3), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the
Commission.. Ninety days from the date of the original Certification (October 22, 2009) is Wednesday,
January 20, 201.0.
CARMMMMMMMM L t COM ISSION
.0. .1_ 7 .hitared/4'
eo Dierckman, President
0
AT ST:
t
0/1V,17.8%L'2.r_
iso
R ona .Hancock, Secretary
Cannel Advisory Plan Commission 1J
Dated: October 22, 2009 w
w
2009 -1021; Z- 534 -09; Park Impact Fees PC Certilication.rtf °r
1
I
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S CONSIDERATION OF
THE AMENDMENTS TO THE PETITION OF THE CARMEL /CLAY PARKS
DEPARTMENT TO AMEND THE CARMEL /CLAY ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36 -7 -4 -607
ORDINANCE Z- 534 -09 (As Amended)
An Ordinance to Amend Chapter 29.07: Parks and Recreation Impact Fees and
Chapter 3: Definitions
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Cannel Advisory Plan Commission offers you the following report on the Council's amendments to
the application (Docket No. 09090012 OA) to amend Zoning Ordinance Chapter 29,07: Parks and
Recreation Impact Fees and Chapter 3: Definitions in order to update existing impact fee provisions,
as well as the definitions of two pertinent terms.
The Carmel Advisory Plan Commission APPROVES the Council's amendments.
At its regular meeting on December 15, 2009, the Commission voted six (6) in Favor, zero (0) Opposed,
zero (0) Abstaining, to approve Ordinance Z- 534 -09 As Amended.
Please be advised that by virtue of the Commission's approval, pursuant to IC 36- 7- 4- 607(e)(4)(A), the
ordinance stands as passed by the Council and is effective as of this 17 day of December, 2009.
CARMEL,,ADV SORY P AN COMMISSION
lam' Leo Dierckman, President
A fTEST: J
Rmona ilanco k, Secretary
Carmel Advisory Plan Commission
Dated: December 17, 2009
0
2009 -1217 09090012 OA Z- 534 -09 PC ReCcrlitieation
CURRENT LEVEL OF SERVICE
By comparison, the Current Level of Service (see IC 36 -7 -4 -1302) for existing
development in the impact zone is estimated by taking the current value of
existing park and recreation infrastructure in the Community and dividing that
value by the total number of current households.
Value of existing infrastructure:
Land (661 Acres* at $61,200 per acre) 40,453,200
*Based on 505 acres in the Carmel Clay Park System,(see MIG,
Inc. Master
(Carmelot); 80 Plan acres Survey) in Brookshire plus 31 Golf acres Course; in Gray Road 41 acres Park of Monon
Greenway ROW (using a width of 66 feet, 51 acres Tess the
acreage attributed to the Monon Greenway and trailheads in the
MIG, Inc. Master Plan Survey) and 4 acres of the recent Cool
Creek North Trail extension.
Improvements: 71,940,000
TOTAL: 112,393,200
Divided by number of current households: 32,592
Estimated Current Level of Service 3,448/ unit
of existing development
COMMUNITY LEVEL OF SERVICE
The Community Level of Service represents the maximum impact fee that may
be assessed on a new development unit (see IC 36 -7-4- 1301). As permitted by
IC 36- 7- 4- 1318(b)(3), this Zone Improvement Plan establishes the Current Level
of Service as the Community Level of Service.
Estimated Community Level of Service 3,448/ unit
(same as Current Level of Service)
45
COMPUTATION OF IMPACT FEE; RECOMMENDATION
Park Infrastructure Planned to
Serve New Development 23,750,000
Divided by: New Development Units
Projected for 10 -year Period 7,140
Cost of New Infrastructure, per New Unit 3,326
Less: Deductions for Central Park Bond (1,001)
Less: Deductions for County Income Tax (50)
Projected (Maximum) Impact Fee: 2,275/ unit
RECOMMENDATION
The impact fee is not expected to be the sole source of revenue for parks and recreation
improvements for the next 10 years. Accordingly, an impact fee can be imposed at a level below
the maximum authorized by state law; this also recognizes that existing residents may utilize any
new facilities alongside the new residents upon whom the fee is imposed. However, unlike some
other communities in Hamilton County, the Carmel /Clay community does not impose road impact
fees upon new development, and thus higher but still reasonable park impact fees assessed upon
new developments in Clay Township should not be unduly burdensome.
As indicated above, the impact per new residential development unit over the 10 -year planning
period (2010 -2020) is $2,275. This is calculated by adding together the net cost of new park
development and new construction ($23,750,000), then dividing by the projected number of new
households (7,140), and then subtracting mandatory, statutory deductions that equal the
estimated amount ($1,001) that an average new household will be assessed via property taxes to
service the debt for the current park bond, as well as the estimated amount ($50) that occupants
of the average new residence will pay via the County Option Income Tax to support other new
park development during the 10 year planning period.
It should be noted that the current Carmel /Clay Park and Recreation Impact Fee is only $1,261
per dwelling unit this is Tess than was permitted under state law when this fee was set in 2005.
Moving the impact fee to the maximum level allowed by state law at this time would require over a
60% increase from the current amount. Moreover, it is not desirable for the City Council to
increase taxes or fees to be imposed during an economic downturn. However, the economy is
expected to be in growth mode during the five -year life (2010 -2015) of this proposed Impact Fee
Ordinance. Therefore, it is recommended that the Carmel /Clay Park and Recreation Impact Fee
should be frozen at the current level of $1,261 for the first 12 months of this ordinance, and then
be scheduled to increase thereafter by no more than 10% per annum:
Current Parks and Recreation Irnpact Fee $1,261/ unit
(effective 9/7/05- 9/6110)
Proposed Fee, effective 9/7/10- 9/6/11 1,2611 unit
Proposed Fee, effective 9/7/11- 9/6/12 1,387/ unit
Proposed Fee, effective 9/7/12- 9/6/13 1,526/ unit
Proposed Fee, effective 9/7/13 9/6/14 1,679/ unit
Proposed Fee, effective 9/7/14 9/6/15 1,847/ unit
46